I think the issue people have is with the hypocrisy. Apple doesn't want to pay for the GSM patent so Nokia sues and they are call patent trolls, etc... Apple sues HTC for competing (quite well I might add) and Apple is praised. So which is it? Either going after people infringing on your patents is bad or it's good. It can't be both.
Hypocrisy? Since when is business about valor? Get real. Companies posture to the position that benefits them at the given time. Don't expect consistency.
There are only so many ways you can make and configure a cell phone. There are bound to be similarities between phones. In fact, the majority of cell phones are just spin-offs of each other and we don't see widespread lawsuits.
And that is why there is a patent court (US Court for Federal Appeals) to sort out who has a legit claim and who does not.
To your other point, the majority of cell phones use technology that is properly licensed. That is why you don't find lawsuits.